Hsiao and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

This matter concerned an application for Australian citizenship by conferral. The applicant had been approved for citizenship but failed to make the pledge of commitment within the prescribed 12-month period. The Minister exercised a discretion to cancel the approval due to this failure. The Administrative Appeals Tribunal was required to review this decision.

The Tribunal was asked to determine whether the applicant failed to make the pledge within 12 months of receiving notice of approval. If so, it was to consider whether the reason for this failure was prescribed by the relevant regulations, specifically the need to care for a critically ill person. Finally, if the reason was not prescribed, the Tribunal had to decide whether to exercise its discretion to cancel the applicant's citizenship approval.

The Tribunal found that the applicant did not make the pledge within the required timeframe. While the applicant contended that she was in Taiwan caring for her critically ill mother, who subsequently died, the Tribunal determined that this prescribed reason only applied until the mother's death. However, the Tribunal considered the broader circumstances, including the global COVID-19 pandemic, border closures, and the applicant's subsequent health issues and family responsibilities in Taiwan. The Tribunal also noted that the applicant had only been given three days' notice for a ceremony, which was impossible to attend due to restrictions, and that her subsequent request to take the pledge offshore was denied. The Tribunal concluded that the applicant's actions were understandable family reasons, and that the cancellation process was flawed, leading it to set aside the Minister's decision and substitute it with a decision not to cancel the approval.